Angione v. Rochester Savings Bank

New York Court of Appeals

Angione v. Rochester Savings Bank

311 N.E.2d 502, 34 N.Y.2d 621, 355 N.Y.S.2d 366, 1974 N.Y. LEXIS 1693

DecidedMarch 27, 1974

StatusPublished

This text of 311 N.E.2d 502 (Angione v. Rochester Savings Bank) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Angione v. Rochester Savings Bank, 311 N.E.2d 502, 34 N.Y.2d 621, 355 N.Y.S.2d 366, 1974 N.Y. LEXIS 1693 (N.Y. 1974).

Pincite

Opinion

Memorandum. We agree with the Appellate Division that it was proper to remand this case to the trial court to determine if the mailing of the premium check occurred before or after decedent’s visit to the doctors on that same day. Although decedent was not told that he definitely had a cancerous lesion on that day, he was told by the first doctor that the lesion could be very serious and by the second doctor that a biopsy would be required.

Under these circumstances, and if decedent knew of the possible health problem before he transmitted the premium check, he was under an obligation to impart this knowledge to the insurance company.

Defendant’s appeal should be dismissed on the ground that it was not aggrieved by the Appellate Division order granting a new trial here reviewed.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur in memorandum.

On plaintiff’s appeal: Judgment affirmed, without costs.

On defendant’s appeal: Appeal dismissed, without costs.

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